TERMS OF USE
AGREEMENT
The use of the APERA.IO website and related online services (collectively known as “Website”) is governed by the terms and conditions of use as set forth below by APERA.IO (“Terms of Use”).
When you access or use the Website, you signify your agreement to and agree to be bound by the Terms of Use. If you do not wish to be bound by the terms of use, you may not access or use the Website.
NO ACCOUNT SIGNUP
This website does not offer any user registration and does not require you to sign up for any account nor provide any personal information in connection with signing up for an account.
We do not require, request nor collect your actual name, physical address or contact number. Please do not disclose these personally identifiable information in any way through the Website. APERA.IO shall not be responsible for any liabilities, losses or damages arising out of any personally identifiable information that you publish on the Website.
EMAIL NEWSLETTER
You need to be at least 13 years of age to subscribe to our email newsletters.
To subscribe to our email newsletters, you agree to provide an email address that belongs to you. Please do not provide any email address that can be personally identifiable to you.
In subscribing to our email newsletters, you agree that we can email regular information, updates and news of the Website to the email address that you provided.
WHAT YOU MUST NOT DO
You agree that you will not under any circumstances :
- Collect any non-public personal data of any user of the Website
- Reverse-engineer, decompile, disassemble or create derivative works based on the Website
- Circumvent any technology used by APERA.IO to protect its content and users
- Sell, rent, sublicense or lease any part of the Website or its content.
- Remove or alter any copyright, trademark, attribution or other intellectual property notices on the Website or its content.
- Interfere or attempt to interfere with the proper functioning of the Website
- Use any automated means to use the Website, including automated means that we deem to impose or potentially impose large loads on APERA.IO’s servers or network infrastructure.
- Publish or link to malicious content, including those intended to damage or disrupt another user’s browser or computing device.
- Use the Website for any unlawful, illegal, harmful, malicious and objectionable purpose
- Attempt to harass, abuse or harm another person or user
- Impersonate, attempt to fraud or deceive, mislead or misrepresent your affiliation with another user, person, or entity
- Perform any misconduct or action APERA.IO deems as a misconduct on the Website.
CONTENT DISCLAIMER
You agree not to hold the Website responsible in any way whatsoever for any content you are exposed to that is considered or deemed as malicious, false, inaccurate, abusive, illegal, unlawful, threatening, obscene, vulgar, defamatory, inflammatory, libellous, or racially, sexually, socially, religiously, or otherwise objectionable and offensive.
The Website does not guarantee nor warrant that any content published is accurate, complete, reliable, truthful, harmless, useful or fit for any purpose of any kind.
You agree that your use of any content is solely at your own risk. You agree not to hold the Website responsible in any way whatsoever for any liabilities, loss or damage that occurs as a result of any content that you view, rely on, and/or use on the Website.
APERA.IO shall have the sole discretion to modify and/or remove any material or content at any time in any way.
LINKS TO OTHER SITES
APERA.IO may provide you with convenient links to third party websites, content or advertising (“Third Party Sites or Content”). APERA.IO has no control over and does not necessarily approve or endorse such third party sites or content.
You agree that APERA.IO shall not be responsible for any Third Party Site or Content you may be exposed to at the Website. If you decide to leave the Website and access or use the Third Party Sites or Content, you agree that you do so at your own risk and you should be aware that our Terms of Use no longer govern. You should review the applicable terms and conditions of any Third Party Site or Content that you access or use.
COPYRIGHT COMPLAINTS AND ACTION
APERA.IO respects the intellectual property rights of others and requires that the users of the Website to do the same.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us at legal [at] apera.io. If you are a copyright owner or an agent thereof and believe that any materials provided on the Website infringe upon your copyrights, please provide us with the following information:
- identification and description, such as the specific website link, reasonably sufficient to enable us to locate the material that is claimed to be infringing and that is to be removed
- identification and description of the copyright work said to have been infringed;
- your contact information, including your address, telephone number and an email address (required);
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
APERA.IO reserves the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to the users involved.
INTELLECTUAL PROPERTY
You acknowledge and agree that APERA.IO and her licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. APERA.IO reserve all rights that are not expressly granted to you under these terms and conditions.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
LIMITATION OF DAMAGES
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WEBSITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
GENERAL TERMS
You acknowledge and agree that APERA.IO is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in the Website.
APERA.IO reserves the right to modify the Terms of Use at any time. It is your sole responsibility to check the Website from time to time to view any such changes in the Terms of Use. Your continued use of the Website signifies your agreement to APERA.IO’s revisions to the Terms of Use.
If any part of the Terms of Use is held or found to be invalid or unenforceable, that portion of the agreement will be construed to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect.
Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with APERA.IO must commence within THREE months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by APERA.IO to resolve any legal matter arising from the Terms of Use. You agree to waive any objection to such jurisdiction determined by APERA.IO.
We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delete any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
You understand and agree that the Terms of Use together with the Privacy Policy constitute the entire agreement between you and APERA.IO.
IN CONTINUING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.